Section 43 in Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004
43. Power to make rules.
(1)The Government may, by notification in the official gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act.(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely -(a)the prohibition or regulation by licensing or otherwise of mining, quarrying, excavating, digging, blasting or any operation of a like nature which, in the opinion of the Government, has jeopardized or is likely to jeopardize the safety of the monument, or the area, as the case may be, near a protected monument or area or the construction of buildings on land adjoining such monument or area and the removal or unauthorized occupation, or construction activity;(b)the right of access of the public to a protected monument and fee, if any, to be charged therefore;(c)the form and contents of the report of the Director under sub-section (2) of section 28;(d)the form in which applications for permission under section 24 may be made and the particulars which they should contain;(e)the manner in which a claim shall be made under this Act and the time within which it may be preferred;(f)the form and manner of preferring an appeal under this Act and the time within which it may be preferred;(g)the manner of service of any order or notice under this Act;(h)the manner in which excavations and other like operations for archaeological purposes may be carried on;(i)the form of any notice required or authorized to be given under section 20 of this Act and the manner in which it may be served;(j)the procedure to be followed in taking possession of a monument, under sub-section (2) of section 21 of this Act.(k)the term of the office, traveling and other allowances payable to the member of the Advisory Council; and(l)any other matter which is or may be prescribed.(3)Any rule made under this section may provide that breach thereof shall be punishable -(i)in the case of a rule made with reference to clause (a) of subsection (2), with imprisonment which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both;(ii)in the case of a rule made with reference to clause (b) of subsection (2), with fine which may extend to five thousand rupees.(4)Every rule made under this Act shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of the National Capital Territory of Delhi, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the sessions immediately following the session or the successive sessions aforesaid, the House agrees in making any modification in the rule, or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
